Section 203. Insurance Requirements

Transcription

1 General The Servicer must verify that the following insurance coverages are in place at all times for each mortgage: Hazard, flood, condominium and PUD insurance in accordance with the terms of this Servicer Guide. Primary mortgage insurance in accordance with this Servicer Guide. All claims arising under such insurance coverage must be settled or otherwise disposed of by the Servicer, and all such insurance must be maintained at no expense to the Buyer. A. Evidence of Insurance For each mortgage, the Servicer must maintain the following documentation: 1. For one- to four-family dwellings, an original of the hazard insurance policy, flood insurance policy (if applicable), and any related endorsement(s). 2. For properties covered under a blanket PUD or condominium association policy, an original of the blanket policy, any flood insurance policy, and any related endorsement(s). In lieu of a policy, the Servicer may maintain a certificate or other evidence of insurance showing at least the following information: 1. Name of insured and mortgagee (name of insured owners association, unit owner, and unit owner mortgagee if a PUD or condominium unit); 2. Address of mortgaged property; 3. Type, amount and effective dates of coverage; 4. Deductible amount; 5. Any endorsement or optional coverage obtained and made part of the original policy; 6. Insurer s agreement to provide at least ten (10) days prior notice to the mortgagee (or applicable unit owner mortgagee if for a PUD or condominium unit) before any reduction in coverage or cancellation of the policy; and 7. Signature of an authorized representative of the insurer, if required by law. The Policy Declarations page of a National Flood Insurance Program (NFIP) policy is acceptable evidence of flood insurance. The Servicer must possess a specimen of each policy and endorsement for which a certificate or other evidence of insurance is maintained in lieu of the policy or endorsement. B. Indemnity of WMMSC In addition to all other remedies of the Buyer provided for in the Selling and Servicing Agreement and this Servicer Guide, the Servicer will indemnify the Buyer for any loss the Buyer sustains on the property. C. Insurance Charges Premiums for insurance covering the property will be paid when due by borrowers or the Servicer if the Servicer collects escrow funds for such purposes. Premiums for insurance obtained by a PUD or condominium owners association for the benefit of the PUD or condominium project will be paid by the association as a common expense assessable to all unit owners. D. Changes in Insurance Requirements The Servicer must require the borrower to obtain appropriate insurance coverage in accordance with the terms of the security instrument when either of the following conditions exists: 1. The Servicer becomes aware that existing coverage does not adequately protect the property; or 2. The area where the property is located was not subject to flood insurance requirements at inception of the mortgage or when the Buyer purchased the mortgage, but has now been classified as a Special Flood Hazard Area and the Servicer has become aware of such classification. The Servicer must verify that adequate coverage has been obtained and remains in force. If the borrower does not obtain such coverage, the Servicer must do so. The Servicer will then adjust the borrower s escrow payments accordingly or bill the borrower to recover the advance if the Servicer does not maintain an escrow account for the borrower. If the borrower refuses to reimburse the Servicer, the Servicer may recommend acceleration to the Buyer for the borrower s default under the terms of the security instrument. If the additional coverage cannot be obtained, the Servicer must immediately make appropriate recommendations to the Buyer. Servicer Guide: Loan Servicing (Rev. 7/29/10)

2 The Servicer may authorize the borrower to discontinue flood insurance coverage upon verification of map revision or receipt of a Letter of Map Amendment from the Federal Emergency Management Agency (FEMA). E. Insurance Loss Settlements Upon notification of loss or damage to the property, the Servicer will monitor and coordinate the claim process with the borrower and the insurer. The Servicer must take appropriate action to: 1. Verify the extent of the loss or damage; 2. Ensure judicious disbursement of insurance proceeds for the necessary repairs; 3. Protect the priority of the security instrument by obtaining waivers of materialsman s or mechanic s liens; 4. Have a system for the control and disposition of insurance loss drafts, clearly identifying the individual borrower s account through the T&I Custodial Account. (The Buyer must not be named as a payee on any insurance loss draft. The Servicer must be named on all drafts in excess of $1,000.) 5. Obtain appropriate borrower affidavit reflecting their satisfaction with the quality of the repair work; 6. Document completion of the repairs; and 7. Loss draft funds received must be held in a custodial account (passbook accounts are not acceptable). The Servicer must be named as loss payee on insurance drafts in excess of $1,000 and must comply with any applicable law and, where applicable, any requirement of the mortgage insurer. Details concerning the loss or damage and disposition of the insurance proceeds must be recorded in the loan file. The Servicer must obtain the Buyer's approval for use of any outsourcing firm or vendor for the purpose of hazard insurance claims review and settlement. The Servicer need not submit a report and related recommendations to the Buyer unless: The security instrument is in foreclosure or the property has been acquired by the Servicer through foreclosure or deed-in-lieu of foreclosure; Property damage exceeds $5,000 and the loan is 60 or more days delinquent; The property has suffered a total or near total loss; The Servicer wishes to apply insurance proceeds to the mortgage instead of repairing the property; or Insurance proceeds exceed the amounts required to restore the property to its original condition. F. Notice of Loss-Condominiums and PUDs The owners association of a condominium project must agree in writing to notify the Servicer whenever i) damage to a single unit covered by a mortgage purchased by the Buyer exceeds $5,000; and ii) damage to common areas and related facilities exceeds $10,000. For PUD projects, the owners association must agree in writing to notify the Servicer whenever damage to common areas or related facilities exceeds $10,000. G. Natural Disaster Losses When a natural disaster (earthquake, flood, tornado, etc.) results in losses or damages to the property, the Servicer must promptly: Ascertain the number of such properties; Determine the extent of the losses or damages; Secure any abandoned property against vandalism or the elements; Assist the affected borrowers in filing for any disaster relief aid available; Assist the affected borrowers through counseling and any appropriate repayment plan; and Notify the Buyer and make appropriate recommendations. If the disaster results in uninsured losses, the Servicer must forward a complete report of the findings to the Buyer and recommend a course of action to protect the interests of the Buyer and the borrower. The Servicer is authorized to expend up to $2,500 for emergency repairs as specified in Section Hazard Insurance A. Amount of Coverage For one- to four-family residences and individual PUD units, the amount of hazard insurance coverage must at least equal the lesser of: % of the insurance value of the improvements, or 2. The unpaid principal balance of the mortgage provided it equals the minimum amount required to compensate for damage or loss on a replacement cost basis. If it does not, then coverage which provides the minimum required amount must be obtained. Coverage for condominium and PUD projects must be 100% of current replacement cost for the project s facilities, including the individual units in a condominium project or in a PUD project where the blanket policy covers the individual units. The insurance coverage may not be less, however, than the minimum amount required under the terms of Servicer Guide: Loan Servicing (Rev. 07/29/10)

3 coverage to fully compensate for any damage or loss on a replacement cost basis. The Servicer must ensure that the property must also be adequately covered even when vacant and, where necessary, must obtain a vacancy permit endorsement. B. Deductible Amounts Unless a higher maximum amount is required by state law, the maximum deductible must be: 1. For one- to two-family residences and individual PUD units: $1,000 or 1% of the policy face amount, whichever is less. 2. For PUD common areas and condominium projects: $10,000 or 1% of the policy face amount, whichever is less. If the policy is a blanket policy which also covers the individual PUD units, the deductible related to the individual units should be $1,000 or 1% of the unit s replacement cost, whichever is less. The deductible may apply to either fire or extended coverage or to both. For condominium and PUD projects, funds to cover the deductible amounts should be included in the homeowners association operating reserve account. C. Carrier The policy must be underwritten by a company currently rated B/II or better in Best s Insurance Reports or the coverage must be underwritten by Lloyd s of London. In addition, the company must be licensed to do business in the state in which the property is located. D. Mortgagee Clause The Servicer s name must appear in the mortgagee clause of the hazard insurance policy followed by the phrase, its successors or assigns. WMMSC should not appear as mortgagee unless the policy coverage would be impaired Flood Insurance Flood insurance is required at all times for any property located in a Special Flood Hazard Area which has federally mandated flood insurance purchase requirements. Properties located in Special Flood Hazard Areas designated by symbols A, AE, A1-30, AH, AO, A99, V, VE and V1-30 require flood insurance. Flood insurance requirements may be waived if i) the improvements are not in a Special Flood Hazard Area even though part of the property (the land) may be, and ii) a letter from the Federal Emergency Management Agency (FEMA) is provided stating the maps have been amended so that the property is no longer in a Special Flood Hazard Area. A. Amount of Coverage The amount of flood insurance required on all property types is: 1. The lower of the minimum amount required to compensate for any damage or loss on a current replacement cost basis (or the unpaid principal balance of the mortgage if replacement cost coverage is not available), or 2. The maximum insurance available under the appropriate National Flood Insurance Administration. B. Deductible Amounts For all property types, unless a higher maximum amount is required by state law, the deductible may not exceed $1,000 or 1% of the policy face amount, whichever is less. For condominium and PUD common areas and each building in a high-rise or vertical condominium project, the deductible may not exceed $5,000 or 1% of the policy face amount, whichever is less. Funds to cover the deductible amount should be included in the homeowners association operating reserve account. C. Condominiums If the property is a condominium and flood insurance is required, the borrower must obtain flood insurance on the individual unit in addition to the insurance which must be maintained by the homeowners association as part of the project s blanket flood insurance policy. The only permissible exceptions to this coverage requirement are: 1. Three (3) story condominium projects with five (5) or more units where the condominium is participating in the Condominium Master Policy program which became available on January 1, 1989, and is offered by the NFIP. Under this policy, the entire building is covered under one policy, including all units within the building and improvements and betterments within the units which are owned in common. Under the Condominium Master Policy program, the maximum amount of building coverage which can be purchased is the actual cash value of the building or the total number of units (residential plus non-residential) in the building times $185,000, whichever is less. 2. The homeowners association has insurance coverage on the actual cash value of the building which would sufficiently cover each unit s market value along with all common areas within the complex in the event of a flood. Servicer Guide: Loan Servicing (Rev. 7/29/10)

4 NOTE: Many insuring agents and/or homeowners associations will insist they are providing sufficient coverage. Even if the project is insured under the new Condominium Master Policy, the Servicer must obtain a copy of the Declaration page of the condominium project s flood insurance policy to determine that the policy amount is sufficient to cover the market value of all units and common areas. If the coverage is not sufficient, the borrower must obtain flood insurance on the individual unit in addition to the insurance maintained by the homeowners association. D. PUDs and Townhomes If the property is in a PUD or is a townhome and flood insurance is required, the borrower must maintain flood insurance on the individual unit unless there are improved common areas such as a clubhouse, tennis courts or pools, in which case, flood insurance must be maintained by the homeowners association in addition to the borrower s individual unit coverage. If the PUD or townhome project has only improved or limited common areas such as sidewalks, greenbelts or parking lots, the homeowners association will not be required to maintain a flood insurance policy in addition to the borrower s individual unit policy. E. Mortgagee Clause The Servicer s name must appear in the mortgagee clause of the flood insurance policy followed by the phrase, its successors or assigns. WMMSC should not appear as mortgagee unless the policy coverage would be impaired Mortgage Insurance The Servicer must maintain the primary mortgage insurance coverage which was required for each loan at the time it was initially underwritten and approved for sale to the Buyer. However, the Servicer should be aware that due to current pool criteria, required coverage may vary. Primary mortgage insurance must be obtained from companies maintaining at least a AA rating from Standard and Poor s Corporation. When mortgage insurance is required, the Servicer must ensure the mortgage insurer meets the Buyer s criteria. If the Servicer does not maintain the required amount of insurance coverage, replacement coverage must be obtained by the Servicer at its own expense to conform with the original requirements. The Servicer must send the Buyer evidence of this replacement coverage. If an insured adjustable rate mortgage is converted to a fixed rate mortgage, the Servicer must ensure the appropriate mortgage insurance coverage is maintained. The Servicer must notify the mortgage insurer of the conversion of any uninsured loan, must obtain any amendment needed to convert from ARM coverage to fixed rate coverage, and must send this amendment to the Buyer. If cancellation occurs due to Servicer error the Buyer reserves the right to request repurchase of the loan. A. Cancellation of Primary Mortgage Insurance The Buyer will consider cancellation of primary mortgage insurance on a case-by-case basis. Approval is in the sole discretion of the Buyer, is not automatic and will be subject to the applicable State's specific laws and regulations. The following documentation is required: Loan history verifying that no payment has been: 30 days or more past due in the last 12 months; and 60 days or more past due in the last 24 months. Copy of the original or current appraisal. Use of current appraisal must be approved by Buyer. If the appraisal is the original, the Servicer will warrant that the current value is at least equal to the appraised value. A new appraisal must be based on an inspection of both the interior and exterior of the Property. Servicer will warrant that it has reviewed the appraisal and is satisfied that the opinion of value is both reasonable and adequately supported by market data. The Servicer may charge the borrower for the cost of a new appraisal. Evidence of seasoning. Evidence of two years of seasoning is required Condominium Insurance Prior to the sale to the Buyer of a loan secured by a unit in a condominium, the Servicer must obtain written evidence that the scope and amount of insurance coverage meets or exceeds all local laws, ordinances and regulations covering condominiums and that, in addition, the following minimum requirements for insurance coverage are satisfied: A. Scope of Coverage A multiperil type of policy is required covering the entire condominium project. The policy must provide, at a minimum, fire and extended coverage and all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects Servicer Guide: Loan Servicing (Rev. 07/29/10)

5 similar in construction, location and use. Coverage must be on a replacement cost basis for at least 100% of the insurable value based on a replacement cost. B. Boiler Explosion Insurance If a steam boiler is operating on the property, boiler explosion insurance must be in force. This insurance must be evidenced by the standard form of boiler and machinery insurance policy and must provide, at a minimum, $100,000, per accident per location. C. Special Flood Hazard Insurance If the condominium project is in an area identified by the Secretary of Housing and Urban Development as having special flood hazards, a blanket policy of flood insurance must be maintained on the condominium project in the amount of the aggregate of the outstanding principal balances of the mortgages on the condominium units, or the maximum limit of coverage available under the National Flood Insurance Act of 1968, as amended, whichever is less. D. Name of Insured The name of the insured stated under each required policy must be similar in form and substance to the following: Association of Owners of the [Name of Condominium] for use and benefit of the individual owners (designated by name, if required). E. Mortgagee Clause Each policy must contain the standard mortgagee clause endorsed to provide that any proceeds will be paid to the Association of Owners of the condominium for the use and benefit of mortgagees as their interest may appear, or otherwise endorsed to fully protect the interest of the Buyer. When a mortgagee clause is not applicable, a certificate must be obtained by the Servicer. This certificate must contain the information required for certificates which is set forth in Section A. The certificate must name the Servicer as the certificate holder instead of mortgagee. F. Fidelity Insurance The condominium owners association must have fidelity coverage against dishonest acts on the part of directors, managers, trustees, employees or volunteers responsible for handling funds belonging to or administered by the condominium owners association. The fidelity bond or insurance must name the condominium owners association as the insured. The coverage must equal the maximum amount of funds held by the homeowners association at any one time and must total at least three (3) months of assessments on the entire project, plus reserves. An appropriate endorsement to the policy to cover any persons who serve without compensation must be added if the policy would not otherwise cover volunteers. G. Public Liability Insurance The condominium owners association must have a comprehensive policy of public liability insurance covering all of the common elements, commercial spaces and public ways in the condominium project. The insurance policy must contain a severability of interest endorsement precluding the insurer from denying the claim of a condominium unit owner because of negligent acts of the condominium owners association or other business unit owners. Coverage must include all other coverage in the kinds and amounts required by private institutional mortgage investors for projects similar in construction, location and use. Liability coverage must be for at least $1 million per occurrence for personal injury and/or property damage PUD Insurance Except as provided in the following sections all coverage in the kinds and amounts required for mortgages in this Servicer Guide is also required for mortgages secured by Planned Unit Development (PUD) and de minimus PUD units. A. Blanket Insurance Coverage In lieu of maintaining an individual hazard insurance policy on each PUD unit, the PUD corporation, homeowners association, or trust may maintain blanket hazard insurance providing, at a minimum, fire and extended coverage and all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for developments similar in construction, location and use. The coverage must be in an amount equal to the full replacement value of all of the PUD units without deduction for depreciation or coinsurance, including the structural portions and fixtures owned by the PUD unit owners. Insurance premiums from any blanket insurance coverage must be a common expense of the PUD corporation, homeowners association, or trust and be included in the regular common assessments of the PUD unit owners. The coverage must name the PUD corporation, homeowners association, or trust as the insured for the benefit of the PUD unit owners. B. Common Property Coverage The PUD corporation, homeowners association, or trust must have fire and extended coverage for at least 100% of the replacement cost of the insurable PUD common Servicer Guide: Loan Servicing (Rev. 7/29/10)

6 property. The insurance must name the PUD corporation, homeowners association, or trust as the insured for the benefit of the PUD unit owners. No mortgagee clause in favor of the PUD unit mortgagees is required by the Buyer on insurance covering common property. When a mortgagee clause is not applicable, a certificate of insurance must be obtained by the Servicer. This certificate must contain the information required for certificates that is set forth in Section A. The certificate must name the Servicer as the certificate holder instead of the mortgagee. C. Fidelity Insurance The PUD corporation, homeowners association, or trust must have fidelity insurance covering losses resulting from dishonest or fraudulent acts on the part of the directors, managers, trustees, employees or volunteers responsible for handling funds collected and held for the benefit of the PUD unit owners. The fidelity bond or insurance must name the PUD corporation, homeowners association, or trust as the insured. The coverage must equal the maximum amount of funds held by the homeowners association at any one time and must total at least three (3) months of assessments on the entire project, plus reserves. An appropriate endorsement to the policy to cover any persons who serve without compensation must be added if the policy would not otherwise cover volunteers. NOTE: This section does not apply to deminimus PUDs. D. Public Liability Insurance The PUD corporation, homeowners association, or trust must have a comprehensive policy of public liability insurance covering all of the PUD common property. The insurance policy must contain a severability of interest clause or endorsement precluding the insurer from denying the claim of a PUD unit owner because of negligent acts of the PUD corporation, homeowners association, or trust, or other unit owners. Coverage must include all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location and use. Liability coverage must be for at least $1 million per occurrence for personal injury and/or property damage. E. Mortgagee Clause Each policy must contain the standard mortgagee clause endorsed to provide that any proceeds will be paid to the [Name of PUD corporation, association, or trust] for the use and benefit of mortgagees as their interest may appear, or otherwise endorsed to fully protect the interest of the Buyer Servicer Guide: Loan Servicing (Rev. 07/29/10)